Tompson v. Fisher

Filing 7

///ORDER approving 5 Report and Recommendation, dismissing plaintiff's Claims 1(D)(iii), 3, 4, 5 and 6, and denying plaintiff's request for a declaratory judgment re: 26 U.S.C. Section 6334(1)(13)(B). So Ordered by Judge Steven J. McAuliffe.(ko) Modified on 4/24/2017 to add:/// (ko).

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Judith Tompson
v.

Case No. 17-cv-69-SM

David Fisher
O R D E R
No objection having been filed, I herewith approve the
Report and Recommendation of Magistrate Judge Andrea K.
Johnstone dated March 23, 2017, for the reasons set forth
therein.

“‘[O]nly those issues fairly raised by the objections

to the magistrate's report are subject to review in the district
court and those not preserved by such objection are precluded on
appeal.’”

School Union No. 37 v. United Nat'l Ins. Co., 617

F.3d 554, 564 (1st Cir. 2010) (quoting Keating v. Secretary of
Health & Human Servs., 848 F.2d 271, 275 (1st Cir.1988)); see
also United States v. Valencia-Copete, 792 F.2d 4, 6 (1st Cir.
1986) (after proper notice, failure to file a specific objection
to magistrate's report will waive the right to appeal).
Plaintiff’s Claims 1(d)(iii), 3, 4, 5, and 6 are hereby
dismissed.

Plaintiff’s request for a declaratory judgment

regarding the applicability of 26 U.S.C. § 6334(a)(13)(B) is
hereby denied.

SO ORDERED.
____________________________
Steven J. McAuliffe
United States District Judge
Date: April 22, 2017
cc:

Judith Thompson, pro se